Federal Court Review
Obtaining Social Security Disability benefits is not always smooth and benefits may be denied or questioned before being granted. A Federal Court Review is then necessary to fully review the claimant’s case and make a decision on whether Social Security Disability benefits should be granted.
A Federal Court Review can be requested after the disability claim is denied through the Social Security Administration Appeals Council process. This review begins after a claimant files a civil suit in Federal District Court on the grounds that their Social Security Disability benefits were falsely or wrongly denied. A claimant has 60 days from the date an Appeals Council denial is received to file for a Federal Court Review.
After a claimant files their civil action, the Appeals Council process will provide information detailing the process needed to begin a Federal Court Review. This process requires three levels of review, making it a fairly long process. A filing fee, which varies by jurisdiction, is usually assessed when filing a Federal Court Review, however this fee can often be waived.
Once a decision has been made, a federal judge will take one of the following actions:
Send the case back to the Social Security Administration for additional documentation and information relating to your case.
Issue an agreement with the Social Security Administration’s decision to deny your case .
Reverse the Social Security Administration’s decision, at which time the claiment will be rewarded with Social Security benefits.
The decision of the federal district court judge in a Federal Court Review is considered the highest level of jurisdiction, meaning it is the final decision. A Social Security Disability claimant will generally not be able to appeal this decision for reversal in any higher court.
- Do You Qualify?
- Application Process
- Medical Conditions
- Disability Resources